Mohd. Said Khan @ Mohd. Sahid ... vs The State Of Maharashtra
2021 Latest Caselaw 1144 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

       ANTICIPATORY BAIL APPLICATION (ST) NO.8218 OF 2020

Mohd. Said Khan @ Mohd. Sahid
Hussain Khan                                               Applicant
             versus
The State of Maharashtra                                   Respondent

Mr.Shashikant Chaudhari with Mr.Gyanprakash Pal, Pranot Pawar,
Aakash Giri i/by Maharashtra Law Juris for applicant.
Mr.Vishal Krishna for intervenor.
Mrs.Anamika Malhotra, APP, for State.

                          CORAM :      PRAKASH D. NAIK, J.

                          DATE     :   18th January 2021
PC :

1.      The applicant is seeking anticipatory bail in connection with
C.R. No.869 of 2020 dated 26th November 2020 registered at
Dindoshi Police Station under Sections 376, 323, 504 and 506 of
Indian Penal Code.


2.      The complainant is a lady aged about 33 years. It is alleged
that she is a married woman having two children. She had divorcee
with husband in 2013. In 2019 she got acquainted with accused.
The applicant established physical relations with her on the pretext
that he wanted to marry her. The FIR goes on to describe various
instances when they had their physical relations. During the lock
down period, the applicant's wife got suspicious of their relations
and thereafter there was fight between the prosecutrix and
applicant's wife. The applicant stopped meeting her at her house.
They started meeting out. There was physical relationship between
them. The complainant was pregnant. The accused insisted that
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pregnancy be terminated. The applicant/accused stopped meeting
complainant and refused to marry her. He even abused and fought
with her.


3.    The applicant was granted interim protection by order dated
7th January 2021. While granting interim protection, it was observed
by this Court that apparently if the statements in FIR are true, it
appears to be consensual relationship.


4.    The applicant's case is that the complainant had purchased
furniture from applicant' shop. She refused to make payment. She
threatened of false implication.         Applicant's wife lodged N.C
complaint on 29th October 2010 against complainant stating that on
demanding money towards purchase of furniture, the complainant
had threatened her.      The applicant filed complaint to police
authorities on 17th November 2020. The FIR by complainant is false.


5.    Learned counsel for intervenor has preferred application for
intervention.   He has also tendered compilation of judgments in
support of his submissions. It is submitted that relationship was not
consensual. Right from the inception there was a false promise of
marriage. The applicant is 60 year old person. There was mala fide
intention in getting consent. Second marriage was permissible by
Muslims and therefore complainant had reason to believe that
applicant would perform marriage with her.           He relied upon
observations made in the order passed by this Court dated 21 st
September 2020 passed by this Court in ABA No.2172 of 2020. The
compilation of judgments relied by intervenor consists of other
judgments.
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6.      Learned APP submitted that investigation is in progress. The
medical examination of the victim was conducted. Samples were
obtained for DNA and it has been forwarded for appropriate report.


7.      On perusal of FIR and the facts narrated hereinabove, taking
the allegations to be true, it would be a case of consensual
relationship. No case for grant of custodial interrogation is made out
and interim protection granted by this Court vide order dated 7 th
January 2021 deserves to be confirmed.         Hence, I pass following
order :


                                 ORDER

(i) In the event of arrest of applicant in connection with CR No.860 of 2020 registered with Dondoshi Police Station, the applicant be released on bail on executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(ii) The applicant shall attend Investigating Officer as and when called for;

(iii) Anticipatory bail application is allowed and disposed of.

8. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production by fax or e-mail of a digitally signed copy of this order.

(PRAKASH D. NAIK, J.) MST